MISREPRESENTATIONPosted by cadadmin in CIC News, on October 9, 2019
IRCC may determine an individual misrepresented if they believe they were not truthful in an application. This can arise if a person deliberately or mistakenly provided false information on the forms or fraudulent documents. Sometimes, merely falling to disclose a previous refusal of a visa to USA, Australia or another country on an application will result in inadmissibility for Misrepresentation and a 5-year ban to Canada. Sometimes, IRCC makes an error in judgement when reviewing an application. This matter needs to be clarified in a sufficient manner to avoid the application being refused and being banned from Canada.
If you find yourself in a situation where IRCC sends you a Procedural Fairness Letter (PFL) it is extremely important to submit a detailed response with strong factual arguments. Most individuals do not appreciate the seriousness of the situation; they decide to respond before the application is refused. It is highly recommended to retain professional help to submit a proper response, as there will not be another opportunity provided later. Sometimes, a refused application will also come with serious consequences such as becoming inadmissible to Canada with a 5-year ban for misrepresentation.
Who can be found to be inadmissible for misrepresentation?
The Immigration and refugee protection Act (IRPA) set out that a foreign national or permanent resident can be found to have misrepresented for many reasons of which include:
- Providing information to the Immigration, Refugee and citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete, and that as a result could create an issue with the administration of the IRPA.
- Being sponsored by an individual who has been found guilty in creating a misrepresentation
- Holding materials facts from the IRCC or CBSA that are relevant to the matter and that as a result could induce an error in the administration of the IRPA
- Following to an end of citizenship based on a determination that this status was obtained by false representation.
Examples of a material misrepresentation
- Failure to declare that you have received a refusal on a visa for another country
- Providing a certain document that is found to not be genuine
- Failure to mention a family member in a document
- Declare employment experience which you do not have
- If one engages in a non-genuine marriage
Examples of nonmaterial misrepresentation
- Reversing the date or month of your birth on an application
- Indicating being single in case of widowed
- Providing the correct information on all the forms except one
Therefore, if by any chance you received a Procedural Fairness Letter, it is recommended to retain a professional to prepare a strong and sufficient response.
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